Chapter 19.06


19.06.010    Appeals of decisions.

19.06.020    Consolidated appeals.

19.06.030    Standing to initiate administrative appeal.

19.06.040    Type I, II, III or IV project permit decisions or recommendations and administrative interpretations.

19.06.050    Procedure for closed record decision/appeal.

19.06.060    Judicial appeals.

19.06.070    Appeals to the Shoreline Hearings Board.

19.06.010 Appeals of decisions.

Project permit application decisions and administrative interpretations may be appealable as provided in the framework in Section 19.01.030. (Ord. 873 § 3 (Att. C) (part), 2015: Ord. 704 § 7, 2000: Ord. 639 § 1 (part), 1996)

19.06.020 Consolidated appeals.

A. All appeals of project permit application decisions shall be considered together in a consolidated appeal.

B. Appeals of environmental determinations under SEPA and Chapter 14.02 of this code are subject to the provisions of Chapter 14.02 of this code, as now exists or as may be hereafter amended. (Ord. 873 § 3 (Att. C) (part), 2015: Ord. 704 § 8, 2000: Ord. 639 § 1 (part), 1996)

19.06.030 Standing to initiate administrative appeal.

A. Limited to Parties of Record. Only parties of record may initiate an administrative appeal of a Type II, Type III decision or a Type IV recommendation on a project permit application.

B. Definition. The term “parties of record,” for the purposes of this chapter, shall be as defined in Section 19.01.005. (Ord. 873 § 3 (Att. C) (part), 2015: Ord. 639 § 1 (part), 1996)

19.06.040 Type I, II, III or IV project permit decisions or recommendations and administrative interpretations.

Appeals of the decisions or recommendations on a Type I, II, III or IV project permit application and appeals of administrative interpretations shall be governed by the following:

A. Standing. Only parties of record have standing to appeal.

B. Time to File. An appeal must be filed within twenty-one days following issuance of the written decision. Appeals may be delivered to the city by mail, personal delivery or by fax before four p.m. on the last business day of the appeal period.

C. Computation of Time. For the purposes of computing the time for filing an appeal, the day the decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the city’s ordinances as a legal holiday; then it also is excluded and the filing must be completed on the next city business day.

D. Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee as set by council ordinance or resolution, and contain the following information:

1. Appellant’s name, address and phone number;

2. Appellant’s statement describing his or her standing to appeal;

3. Identification of the application which is the subject of the appeal;

4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;

5. The relief sought, including the specific nature and extent;

6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.

E. Effect. The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is adjudicated by the appropriate hearing body, as set forth in Section 19.01.030, or withdrawn.

F. Notice of Appeal. The administrator shall provide public notice of the appeal as provided in Section 19.03.030(B)(2). (Ord. 873 § 3 (Att. C) (part), 2015: Ord. 704 § 9, 2000: Ord. 639 § 1 (part), 1996)

19.06.050 Procedure for closed record decision/appeal.

A. The following subsections of this title shall apply to a closed record decision/appeal hearing: Sections 19.05.030; 19.05.040; 19.05.050; 19.05.060(A) through (D); 19.05.070(A).

B. The closed record appeal/decision hearing shall be on the record before the hearing body, and no new evidence may be presented. (Ord. 873 § 3 (Att. C) (part), 2015: Ord. 639 § 1 (part), 1996)

19.06.060 Judicial appeals.

Except for appeals involving shoreline development permits which must be appealed pursuant to Section 19.06.070 in conformance with Chapters 34.05 and 90.58 RCW, as now exist or as may be hereafter amended, the city’s final decision on a project permit application may be appealed by a party of record with standing to file a land use petition in Okanogan County superior court. Such petition must be filed within twenty-one days of issuance of the decision, as provided in Chapter 36.70C RCW as it now exists or as may be hereafter amended. (Ord. 873 § 3 (Att. C) (part), 2015: Ord. 639 § 1 (part), 1996)

19.06.070 Appeals to the Shoreline Hearings Board.

Appeals to the Shoreline Hearings Board of a decision on a shoreline substantial development permit, shoreline variance, shoreline conditional use permit, or a decision on an appeal of an administrative action may be filed by the applicant or any aggrieved party pursuant to RCW 90.58.180 within twenty-one days of filing the final decision by the responsible local government with Ecology. (Ord. 873 § 3 (Att. C) (part), 2015)